What is the test for waiver of a party’s strict rights?
Ontario, Canada
The following excerpt is from North Elgin Centre Inc. v McDonald’s Restaurants of Canada Limited, 2017 ONSC 3306 (CanLII):
The doctrine of waiver prevents a party from enforcing its strict rights where, by its words or conduct, it demonstrated an intention to affect legal relations which leads a counter-party to believe the party’s strict rights will not be enforced: Singh v. Three King’s Head Inn, [1999] B.C.J. No. 1811 at paras. 17, 21.
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